Steve Barclay

I would not say this of most of the debates that I attend in the House, but this one has been genuinely revealing, primarily because of what the Minister said at the end and the opening of her remarks. As the hon. and learned Member for North Antrim (Jim Allister) pointed out powerfully—he speaks with great professional experience on this issue—these proposals will not work. That is exactly what the Minister has been told by her own colleagues. The hon. Member for Kingston upon Hull East (Karl Turner) described the proposals as “ludicrous” and said that they will not work. It is what she has been told by her own profession—her own colleagues in the legal profession point to the fact that these proposals will not work. That speaks to a conundrum we have considered in past debates on this issue: why is there such reluctance on the part of the Government to bring forward the impact assessment if they have already made this decision? If they have already taken the view that these changes will work, surely they want to present the evidence to prove that. As was pointed out earlier in the debate, if they will not publish the full impact assessment, surely they will publish the threshold—the minimum tipping point—on which this policy will be determined worth while, not least given how fundamental a change is being proposed. As the Minister set out at the end of her remarks, she would be making this change irrespective of whether there is a crisis in the courts. There we have the crux—the head of the nail that the hon. and learned Member for North Antrim hit—which is that this is an ideological change. That in turn opens up a second paradox: if the change is ideological, why was it not in the manifesto? Indeed, if it is ideological, why is it contrary to what the Justice Secretary said so many times in opposition? When did he have his change of belief to this new ideological position? Given the time limit, I will turn to a further contradiction. The Prime Minister has so often spoken about the need for more trust in politics, yet here we have a policy that marks a fundamental change after 800 years of legal precedent with no transparency or evidence that it will work, that was not in the manifesto and that is contrary to the remarks that the Government have made. At the start of her remarks, the Minister spoke about choices. As my hon. Friend the Member for Bridgwater (Sir Ashley Fox) pointed out with the list he gave and as my right hon. Friend the Member for New Forest West (Sir Desmond Swayne) rightly identified, this will be a choice for Labour Back Benchers, and it is a choice that they are at risk of making only for the Prime Minister to then belatedly change his mind.